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A former Director of Finance at COCOBOD has indicated that the CID investigator in the trial of former COCOBOD Chief Executive and two others, Chief Inspector, Thomas Prempeh Mercer peddled falsehood in court.
Mr. Charles Tetteh Dodoo, told the High Court on Monday that the senior police officer’s “incorrect” submissions on lithovit liquid fertilizer’s approval were “affront” to members of COCOBOD’s Entity Tender Committee (ETC) and the board of directors.
Chief Insp. Prempeh who is the seventh prosecution witness, in March 2021, categorical told the court that none of the board members and those on the tender committee, except for Dr. Opuni, knew that lithovit was an untested product when the board gave approval for its procurement for three consecutive seasons – 2014, 2015 and 2016.
Even when shown evidence, by way of a statement given by the then board chairman of Cocobod to EOCO that “all the necessary rules and procedures for procurement of such particular chemical and fertilizers were strictly adhered to”, the investigator insisted that the board and ETC knew nothing about the fertilizer they approved.
“Yes my Lord, my Lord, respectfully, I beg to say that the Board Chairman then, Mr Daniel Ohene Agyekum and the other board members excluding A1, did not know that they were approving for Cocobod to buy untested product same apply to the entity tender committee they also did not know that the product Lithovit that they were buying has not been tested by CRIG,” Chief Insp. Prempeh Mercer, who is the seventh prosecution witness, told the court on March 1, 2021 under cross examination.
He however admitted, days later, that although the “crack” team of CID investigators never spoke to any member of the board or ETC, he still stuck to his position.
But a former Director of Finance at COCOBOD who served on the board for 8 years and was also a member of the ETC under whose supervision the agenda for ETC’s meetings were written, told the court he and other members had full knowledge of the status of lithovit liquid fertilizer on all the occasions in which the fertilizer was approved.
Mr. Dodoo was giving his testimony under cross examination by counsel for the second and third Accused persons, lawyer Nutifafa Nutsukpui on Monday, April 11, 2022.
The witness maintained that both the board and ETC only considered chemicals, including lithovit liquid fertilizer, that were recommended by renowned scientists at CRIG whose integrity were not in doubt.
He also said fertilizers the ETC considered and approved by board were based on written requests submitted by CODAPEC/HITECH unit of COCOBOD, and never considered any fertilizer from an individual person.
Lawyer Nutifafa then asked the witness what he makes of the CID investigator’s claims that the ETC and board members did not know what they were doing when they approved the procurement of Lithovit Liquid Fertiliser.
“My Lord, this assertion is not correct and it is an affront to the members of the ETC,” Me. Dodoo strongly rejected those claims.
“If I may go further, CRIG has inspectors who follow up to the field and report on the performance of the various agrochemicals being applied on the field. There was not any single instance where an adverse report was made on Lithovit Liquid Fertiliser which would have informed the ETC’s approval of further purchases of Lithovit Liquid Fertiliser over the years.”
Read excerpts of the proceedings
Q. Please confirm to the court that between 2014 and 2016 when you served on the ETC, as far as you can recall, all fertilisers that were purchased by Cocobod and paid for went through the ETC approval process?
A. Yes, my Lord.
Q. Now, sir, between 2014 and 2016, while you served on the ETC, did Lithovit Liquid Fertiliser also receive the concurrent approval of the ETC as far as you can recall?
A. Yes, my Lord.
Q. Now, please confirm to the court whether any supplier ever determined the agenda for the meetings for the ETC while you served on it between 2014 and 2016.
A. No, my Lord, it never happened.
Q. And when Cocobod is procuring for the season, it procures the agrochemicals that are determined by the scientist as required for application for that particular season. That is correct?
A. Yes, my Lord but I want to add that more specifically by the CODAPEC HI-TECH Unit.
Q. You told this court that the CODAPEC HI-TECH Unit was made up of scientists from CRIG. Is that correct?
A. Yes, my Lord.
Q. And it is these scientists that determined the agrochemicals, including fertilisers and their prices which Cocobod must procure for any particular season.
A. Yes, my Lord, up to 2013/2014 financial year.
Q. Now, these scientists are the only persons who will determine the suitability of any agrochemicals including fertilisers for use on cocoa.
A. Yes, my Lord, in conjunction with CRIG.
Q. Now, this determination of suitability of agrochemicals for use on cocoa is not made by the Board or Management of Cocobod; that is correct?
A. Yes, my Lord.
Q. While you served on the Board between 2014 and 2015, the Board had no reason to doubt the integrity of these scientists?
A. No, my Lord, the Board had no reasons to doubt the integrity of these scientists.
Q. As a result, the Board will not question a recommendation made by these scientists to procure particular agrochemicals; that is correct?
A. Yes, my Lord.
Q. And, sir, because of the process of recommendation by the scientists, no individual board member or individual member of management could have gotten Cocobod to procure a particular fertiliser outside of these recommended by the scientists. Is that correct?
A. No, my Lord, nothing of that to my knowledge.
Q. And, in fact, Lithovit Liquid Fertiliser got recommended by the scientists for procurement, as far as you are aware. That is correct?
A. Yes, my Lord.
Q. Now, sir, it was suggested in this court by PW7 on the 1st of March 2021 that when both the ETC, on which you served as well as the Board approved the procurement of Lithovit Liquid Fertiliser, they did not know what they were doing. What do you say to that?
A. My Lord, this assertion is not correct and it is an affront to the members of the ETC. If I may go further, CRIG has inspectors who follow up to the field and report on the performance of the various agrochemicals being applied on the field. There was not any single instance where an adverse report was made on Lithovit Liquid Fertiliser which would have informed the ETC’s approval of further purchases of Lithovit Liquid Fertiliser over the years.
Q. Now, sir, from 2014 to 2016, would you remember whether the Lithovit Liquid Fertiliser was bought by Cocobod and applied by the farmers in all of the cocoa seasons of those years?
A. My Lord, any time Lithovit Liquid Fertiliser was procured, I have personally signed letters to haulage companies for the distribution of Lithovit Liquid Fertilisers from various warehouses to the district offices and they have been utilised.
Q. Sir, what will be your reaction if it was suggested that in buying and paying for Lithovit Liquid Fertiliser, Cocobod paid for a worthless product for which it received no value.
A. My Lord, I will treat it with the contempt that it deserves.
The former Chief Executive of COCOBOD, Dr. Stephen Opuni, businessman Seidu Agongo and Agricult Ghana Limited – First, Second and Third Accused Persons respectively – are facing about 25 charges, including defrauding by false pretences, willfully causing financial loss to the state, corruption by public officers and contravention of the Public Procurement Act.
